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(영문) 대전지방법원 천안지원 2016.06.09 2016고단418
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant: (a) around 18:24 on March 24, 2016, at the D cafeteria located in Southern-gu, Southern-gu, the Defendant took a bath with a large amount of drunk noise; and (b) on the ground that the slopeF, who was called out after receiving a report 112, confirmed the personal information of the Defendant, the Defendant was at one time the head of F.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the F in the statement of the police officer;

1. Entry into G self-mortems;

1. Application of the statutes governing the image of photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the types of crimes obstructing the performance of public duties, and there is no person who is subject to special sentencing] from among the crimes obstructing the performance of public duties [the scope of the recommended punishment] [the scope of the punishment for six months to one year and four months.

3. Determination of sentence: The sentence of sentence shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, etc., including the fact that the defendant was under the influence of alcohol for six months in the suspension of execution and two years in prison prices the police officers who received a report under the influence of alcohol and thus the nature of the crime is poor, that the police officers F wanted to strong punishment, that the defendant was punished five times due to the crime of this type, that there is no record of criminal punishment exceeding a fine or that there is no record of criminal punishment exceeding a fine, that the defendant was recognized for the same crime, and that he was hospitalized for the treatment of alcohol dependence.

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